STATE OF U P Vs. MATA PRASAD

JUDGEMENT

(1.) THIS is a State Appeal against the order of acquittal of the respondent Mata Prasad on a charge under Section 9. Opium Act. The appellant was convicted under that section by the Sub-Divisional Magistrate, Salon and sentenced to undergo rigorous imprisonment for a period of three months. The prosecution case was that on a search of his person taking place at about 2 P. M. on April 23. 1969. 200 grains of opium were recovered from the folds of his Dhoti. This opium was sent to the Chemical Examiner who confirmed that it was opium but also indicated that the quantity sent was not sufficient to enable him to give any opinion as to the percentage of morphine therein. The learned Magistrate on the appraisal of the evidence on record came to the conclusion that the stuff was recovered from the possession of the respondent and that the stuff was opium. On appeal, however, after confirming the finding of recovery, the learned Sessions Judge took the view that the stuff recovered was not opium and that is the reason why he recorded an order of acquittal.

(2.) WE have heard the learned Counsel on both sides and we have no hesitation in confirming the finding of the recovery of the stuff from the possession of the respondent on the date and at the time and place indicated by the prosecution. This, therefore takes us to the next important question, that is to say. whether the commodity was opium of something else. The word 'opium' has been defined by Section 3 of the Opium Act as follows:

(3.) THE result is that we allow this appeal and convict the respondent and sentence him to undergo rigorous imprisonment for a period of three months. He shall be taken into custody forthwith to serve out the sentence.